Yes, it could very well be a firmware problem. As I mentioned, I think the battery really isn't draining, the Nook just thinks it is. THe problem is that if you have one that is misbehaving, you are at its mercy - if it thinks it needs to be charged, it needs to be charged.

Everytime they have an upgrade, it seems to always include an item that says "better battery life." I keep hoping these updates will fix the way my Touch is misbehaving. So far I've been thru 2 updates and neither has fixed the problem.

The software needs to "learn" your battery. That is why you need to charge a few times before the software battery level is reliable.

Another problem can be caused by the cover. The Nook Touch screen is not really a touch screen. There is a grid of infrared beams above the screen. Those beams detect motion. This means that anything that is near the screen will trigger the screen. Some people have reported that their cover came to close to the screen, which triggers the screen and prevents the Nook from going to sleep. The same can happen if you put it in a bag or something without a cover without putting it to sleep first.

When the Nook Touch was just released there were some Nooks with bad batteries that drained very fast. If you bought your Nook Touch when it was just released, it could be that you have a bad battery and need to replace your Nook Touch under the guarantee.